On the question for striking out "and punishment," as moved by Mr. Madison,—
Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 7; New Hampshire, Connecticut, Maryland, no, 3.
Mr. GOUVERNEUR MORRIS moved to strike out "declare the law," and insert "punish" before "piracies;" and on the question,—
New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, ay, 7; Connecticut, Virginia, North Carolina, no, 3.
Mr. MADISON and Mr. RANDOLPH moved to insert "define and" before "punish."
Mr. WILSON thought "felonies" sufficiently defined by common law.
Mr. DICKINSON concurred with Mr. Wilson.
Mr. MERCER was in favor of the amendment.
Mr. MADISON. Felony at common law is vague. It is also defective. One defect is supplied by statute of Anne, as to running away with vessels, which at common law was a breach of trust only. Besides, no foreign law should be a standard, further than it is expressly adopted. If the laws of the states were to prevail on this subject, the citizens of different states would be subject to different punishments for the same offence at sea. There would be neither uniformity nor stability in the law. The proper remedy for all these difficulties was, to vest the power, proposed by the term "define," in the national legislature.
Mr. GOUVERNEUR MORRIS would prefer "designate" to "define," the latter being, as he conceived, limited to the preëxisting meaning.
It was said by others to be applicable to the creating of offences also, and therefore suited the case both of felonies and piracies.
The motion of Mr. Madison and Mr. Randolph was agreed to.
Mr. ELLSWORTH enlarged the motion, so as to read,—
"To define and punish piracies and felonies committed on the high seas, counterfeiting the securities and current coin of the United States, and offences against the laws of nations,"—
which was agreed to, nem. con.
The clause, "to subdue a rebellion in any state, on the application of its legislature," was next considered.
Mr. PINCKNEY moved to strike out "on the application of its legislature."
Mr. GOUVERNEUR MORRIS seconds.
Mr. L. MARTIN opposed it, as giving a dangerous and unnecessary power. The consent of the state ought to precede the introduction of any extraneous force whatever.
Mr. MERCER supported the opposition of Mr. Martin.
Mr. ELLSWORTH proposed to add, after "legislature," "or executive."
